CHILD AND FAMILY SERVICES REVIEW BOARD
L.G.
v.
The Children’s Aid Society of Hamilton
REASONS FOR DECISION ON JURISDICTION
Indexed as: L.G. v. The CAS of Hamilton (CFSA s.61)
Related Decisions: Reasons for Decision on Merits: L.G. v. The Children’s Aid Society of Hamilton (CFSA s.61), 2008 CFSRB 53
1These are the reasons of the Child and Family Services Review Board (the “Board”) in a preliminary motion regarding the Board’s jurisdiction to hear an application made by L.G. (the “Applicant”) under section 61 of the Child and Family Services Act, R.S.O. 1990, c. C.11 (the “Act”) regarding the removal of a foster child from her care by the Children’s Aid Society of Hamilton (the “Society”).
BACKGROUND
2On March 13, 2008 the Board received an application from L.G. requesting a review of a decision by the Society to remove a Crown Ward, J.W. (date of birth December […], 1992), from her treatment foster home. J.W. was removed on March […], 2008.
3J.W. lived with the Applicant and her husband for approximately four and one-half years. He is severely autistic and non-verbal and requires a significant amount of personal care. The G.’s treatment foster home is one of three managed by a family service (“Agency”), termed an “Outside Paid Resource” (“OPR”). The Society contracts directly with the Agency for foster services, which in turn contracts with the Applicant as the foster parent.
4The Society concedes that it never sent a written notice regarding its proposed removal of J.W. as contemplated under section 61(7)(a), to either the Agency or the Applicant. The Society informed G.B., Executive Director of the Agency, via telephone message on February […], 2008, that J.W. would be removed within the next 2-3 weeks. G.B. was away due to surgery and his replacement received the message. The Agency passed the message on to D.G. and L.G. G.B. received a letter from the Society to confirm the impending removal, on March […], 2008.
5During the first week of March 2008, G.B. sent an application for a section 61 review, but the Board informed him on approximately March 7th that he was ineligible to apply for review as he is not a foster parent. He informed D.G. and L.G. of this turn of events, who then applied to the Board for a review on March 13.
6The Society was not aware of G.B.’s application for review of the removal until a copy of the Board’s letter acknowledging receipt of same was sent to them. Similarly, the Society was not aware of L.G.’s application until it received a copy from the Board, on March 14, 2008.
7The Board held a hearing on April 21, 2008. L.G. and her husband, D.G., represented themselves. G.B., Director of the Agency, and B.D., Program Manager at the Agency, were also present. The Society was represented by David Feliciant, Counsel, K.C., Supervisor of OPR Placement Resources, and M.M., Director of Children’s Services.
RELEVANT LEGISLATION
8Section 61 of the Act states:
Change of placement
(6) The society having care of a child may remove the child from a foster home or other residential placement where, in the opinion of a Director or local director, it is in the child’s best interests to do so. R.S.O. 1990, c. C.11, s. 61 (6).
Notice of proposed removal
(7) If a child is a Crown ward and has lived continuously with a foster parent for two years and a society proposes to remove the child from the foster parent under subsection (6), the society shall,
(a) give the foster parent at least 10 days notice in writing of the proposed removal and of the foster parent’s right to apply for a review under subsection (7.1);
Application for review
(7.1) A foster parent who receives a notice under clause(7)(a) may, within 10 days after receiving the notice, apply to the Board in accordance with the regulations for a review of the proposed removal. 2006.
Board hearing
(8) Upon receipt of an application by a foster parent for a review of a proposed removal, the Board shall hold a hearing under this section.
Board decision
(8.6) The Board shall, in accordance with its determination of which action is in the best interests of the child, confirm the proposal to remove the child or direct the society not to carry out the proposed removal, and shall give written reasons for its decision.
No removal before decision
(8.7) Subject to subsection (9), the society shall not carry out the proposed removal of the child unless,
(a) the time for applying for a review of the proposed removal under subsection (7.1) has expired and an application is not made; or
(